Thursday 23 June 2011

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  • krishmunn
    02-15 10:58 AM
    First of all you are not supposed to involve in any of the PERM process. Its plain illegal. It seems you are taking the wrong route for your porting.

    Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?




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  • nath.exists
    11-02 11:41 PM
    I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.

    1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
    2.)Would she need to be physically here in USA for filing i 485.
    3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
    4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
    5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.
    6.)Does she also have to do MS to use cross chargeability and file in EB-2




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  • hypersphere
    01-05 03:51 PM
    TIme to make this site a paid site with tightly controlled information access and forum features available only to the members.
    What is the purpose of increasing the membership is a majority are non contributing members. Doesnt money buys us much more then the membership numbers? Making this site a paid site will drive away most members but the remaining will provide a continuous revenue stream.




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  • vinabath
    06-13 10:41 AM
    Success Formula for EB2-I:
    1)- Get rid of all EB3 => EB2 conversions
    2)- Get rid of all Subs

    And there you go we have a fair FIFO system, but hey do our desi folks agree with this :eek: I bet they don't, when they themselves don't like FIFO and straightforward system and how come we expect USCIS to be straightforward and follow FIFO:confused:

    Moral of story: Hang in where you are, its already very complicated PD,RD, ND, Country cap, EB cat ... blah .... blah

    Nice point buddy..... every situation has work around solutions. like subs and eb3 - eb2 conversions. but people do need to sacrifice like.....

    Paying for the labor sub and working for greedy desi companies...

    and not all people are eligible for subs or conversions. Even if they are eligible they might not want to make sacrifices.....



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  • ramaonline
    03-05 01:35 AM
    Any kind of full time employment with monetary gains is not allowed on h4 status. You can legally go to university or any community college full time, and take up any kind of training programs or voluntary work with no remuneration. Also, passive investment such as stocks/ bonds etc is OK.

    If your spouse's GC process reaches the 485/EAD stage, then you can get work authorization with EAD to do any kind of work full time or part time. Without EAD, you need some other work authorization such as H1 / L1 visa to work legally..




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  • veni001
    09-10 05:50 PM
    Hi javans,

    I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.

    Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.

    You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.

    I have myself not done it, but I have met few people in the past who did that.

    And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).

    Hope it helps.

    Good luck!

    You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!



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  • 485Mbe4001
    03-20 02:56 PM
    instructions from Oh's site

    03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire

    AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
    Those Who Are Subject to the New Law:
    Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
    New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.

    Those Who Are Not Subject to the New Law:
    H-1B petition to extend the H-1B status (EOS) of a current employee with
    the same employer (TARP funded).
    H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
    It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.




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  • pmamp
    02-27 07:42 PM
    I have found some useful information as I was looking for solutions. I believe, if she does not leave US, she could stay on F1.

    Please correct me if I am wrong.

    http://www.hooyou.com/f-1/140filing.htm



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  • pd052009
    09-13 12:31 PM
    No meals.. Forced to go on hungry.. As long as politics play, the deserved ones go hungry... :(




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  • snhn
    02-16 11:40 AM
    at the interview for my mothers. the lady said, FBI finger print check is different then name check.. People get stuck in name check because they may have a common name. So for example one with a very common name and a long one, will be stuck in name check for a while. Name check is done the country where you are from. FBI request that from the native country. I know lots of Inidan who have long names, have been stuck for a year to 2. Same token Muslims with names like Mohammed, will be stuck for years.

    also there is luck there too. She said something in regards to that new application which are filed recentlly dont take that long. Usually most 6 monts. Who know, all I know my mother is 60 years old, and she was told at the interview that her name is stukc in name check..

    Go figure....



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  • Widget
    06-23 03:53 PM
    Tried to chat but it is not possible to chat now.

    A White House chat on Immigration...

    with Michael P. Jackson
    Deputy Secretary of Homeland Security

    Transcript
    http://www.whitehouse.gov/ask/20060623.html




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  • johnamit
    08-13 09:58 AM
    advantage I will have is I am guaranteed to stay till my 9th year H1 expires which still has 2+ yrs left, and at the same time take second job on EAD and travel on AP. If I choose to switch to EAD then if the 485 decision is against then I would have no option of staying here.



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  • sriramkalyan
    04-02 03:40 PM
    Land at Mexico City ... Hire Taxi to enter US at Elpaso ..If any one is scared of being stopped at Point of Entry ... Just don't pee when u see drug cartels




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  • WillIBLucky
    11-17 09:56 AM
    I dont think we should be talking about it over here. It surely looks like more of Indian site and not a Immigration Only related conversation. We should focus on what our problems are right now. Nuclear deal is not going to help or reduse our wait for Green Card.

    This forum topic says "Green Card Retrogression" so lets talk about it only. If we have to talk of the rest of the stuff that is happening with India then it should be identified in appropriate forum and not here.



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  • abhisam
    07-19 03:20 PM
    :D

    Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :rolleyes:

    And yes, I am totally new to IV. The way it has been effective, I will surely contribute...

    Even I had considered the idea of translating the BC myself or getting my friend to do it for me...but my lawyer suggested that BC is a very important document and USCIS is very particular about it. so it would be better if you get it done through a professional agency.




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  • lskreddy
    01-13 04:23 PM
    it won't correct, as this practice has been long stopped. You may be in trouble for sure.

    I disagree. When what you are requesting is what they should have followed in the first place, why do you back out? Damn, it seems like they screw up and we cover for their screw ups. Ask them to correct their mistake and give your 11/04 PD. If your lawyer won't, then hire another capable one..



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  • crystal
    02-14 05:23 PM
    If you jump to EAD ,you cannot bring ur wife here on dependent visa. You are better off being on H1B till you file I-485 for your wife.


    if i jump to EAD, what would be my wife status?? i already filed 485 & planning to marry next year & bring spouse on h4.

    iany inputs are appreciated??




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  • sodh
    07-18 07:56 PM
    Please meet your senator or someone influential.




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  • pappu
    01-25 04:03 PM
    I do not see this issue on my IE.
    Could you please email the screenshot, and if you can, please examine the stylesheet and let us know what change we need to do.

    Thanks for the help




    snowshoe
    08-13 11:08 AM
    I think you misunderstood a point made there. Though it is possible to extend renew H1 for employer if EAD was used some time, but that is like recapturing that status and means fulfilling the terms of H1, by giving up on part time job.

    You cannot be on H1 and use EAD for second job at the same time.

    This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.

    That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.

    Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.




    enthu999
    07-22 10:00 PM
    Please check my question in blue below
    looks like..becuase people travel abroad while AOS is in process.



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